First Sale Doctrine Alive and Well

May 07, 1998

Infotech and the Law Jonathan T. Cain

First Sale Doctrine Alive and Well

In a decision that may have surprised some software companies, the Supreme Court reminded the copyright licensing community last month that a doctrine of copyright law known as the "first sale doctrine" is alive and well.

This decision affirms one of the bargains between the rights of copyright owners and copyright users found in the Copyright Act - the right of the copyright owner to control the first sale of a copy of his work, but the unrestricted right of the owner of the copy to resell it to another without the owner's consent.

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